JB/028/035/001

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☞ Propria. Penal 𝓧 Remedial – Construction

With respect to the difference strictness or freedom of
interpretation, or to speak more precisely, with
respect to Gaming in to that side which looks to punishment,
or that side which looks to impunity
it makes a great difference in what way the matter part
in question has to do with punishment.

Whether as influencing the description of the offence
or the punishment appointed for that offence: or whether
as influencing (the effect of) the application of
the apparatus of Procedure. The sort of Offence
and the sort of Punishment being agreed and he guiltiness
of the person out of dispute, or not affected by the
point in question.

Penal Statutes Laws are to be construed favourably to the
supposed offender.

Objections calculated to supersede the execution of
the Law upon an offender whose guiltiness is apt
out of dispute might be not to be treated with any
degree of favour.

I will give the reason of this difference.

When the guilt of the offender is in question; viz:
whether he has done the act charged, whether he is liable
to the punishment demanded, whether the act he is charged
with if done by him is an act forbidden by the Law, if forbidden
whether forbidden under that Punishment in case of
doubt, the Judge should always be disposed to prefer of
that construction what is favourable to the accused: of that construction the effect

Identifier: | JB/028/035/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	035	Info in main headings field	interpretation & construction
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	/ b2 / f3 /
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9300
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